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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I m Ukrainian citizen married UK citizen from 18 june 2010.

Customer Question

I m Ukrainian citizen married UK citizen from 18 june 2010. Straight after marriage we moved to Thailand due my husband work. His contract with international company nearly finished, so we will be ready move back to the UK early July 2014. I never was living in the UK, just visited 4 times as a family visitor. I also have 13 years old daughter from previous merriage who were living with us in Thailand all the time and she is moving to theUK as well.

What visa I have to apply to enter UK? Partner visa?is my fighter shareing application with me or I have to apply separately ?

What is shortest way get ILR ones Im in UK? Does it help that we maried and have been leaving in Thailand for 4 years?

Is intermediate sertificate and complited academic writing from British council

I m Ukrainian citizen married UK citizen from 18 june 2010. Straight after marriage we moved to Thailand due my husband work. His contract with international company nearly finished, so we will be ready move back to the UK early July 2014. I never was living in the UK, just visited 4 times as a family visitor. I also have 13 years old daughter from previous merriage who were living with us in Thailand all the time and she is moving to theUK as well.

What visa I have to apply to enter UK? Partner visa?is my fighter shareing application with me or I have to apply separately ?

What is shortest way get ILR ones Im in UK?

Is intermediate sertificate and academic writing from British council enoghf to demonstrate my English knowledge ? Or I should provide specific test to demonstrate my English knowledge ? IELTS ?

Kind regards

Renee
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.

Hi Renee

Thank you for your question and patience, I’m Tom and I’ll try to help you.

If you are married to a UK citizen and they are returning with you to the UK to live, then you will have to apply for a spouse visa in order to come here and settle with you. Your child will also have to be included in your application so that she makes an application as well.

The UKBA webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk


The eligibility criteria is here:-
https://www.gov.uk/join-family-in-uk/eligibility

If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

• you and your partner are both aged 18 or over at the date of application;
• your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
• your partner is not related to you in a way that means you could not marry in UK law;
• you and your partner have met in person;
• your relationship with your partner is genuine and subsistingif you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
• if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
• you meet the suitability requirements
• any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
• you and your partner intend to live together permanently in the UK;
• You must meet the financial requirement:-
• https://www.gov.uk/government/collections/chapter-8-appendix-fm-family-members-immigration-directorate-instructions
• You will also have to meet the English language requirements:
• https://www.gov.uk/join-family-in-uk/knowledge-of-english

The difficulty you may have is in meeting the financial requirement. if your spouse if outside the Uk with you and you do not have £62500 in cash savings which you have held for 6 months then you have to show that she has earned £22, 400.00 per annum from employment in the last year AND has an offer for a a job starting in the UK above £22400 per annum to start within three months of the date that you make the application.


You would have to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, available for download from UKBA's website.


You can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

The visa will be granted for a period of 33 months. You will have to apply for further leave to remain at the end of this time. You can apply for indefinite leave to remain once he has been here for 5 years. After that he can apply to be naturalised as a UK citizen.

The fact that you have been married for 4 years is no longer a huge advantage I’m afraid.



My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Customer: replied 3 years ago.
How long does it take to get my visa after applying?
Expert:  Thomas replied 3 years ago.
Hi

Usually, between 4-8 weeks or so if the application is easy to determine.

Kind regards

Tom
Customer: replied 3 years ago.
Does it matter that I apply for UK spouse visa from Thailand where we lived or from Ukraine( were I'm originally came from) ? Maybe applying from Thailand can be considered as a proof of 4 years of marriage ? Or I literally start everything from the point we just married?
Expert:  Thomas replied 3 years ago.
Hi,

You can apply from Thailand provided that you are able to show that you are living there legally.

It is not a requirement to prove every little detail/trip/event over the course of the four years, you simply have to prove that your marriage is genuine and credible.

Kind regards,

Tom
Customer: replied 3 years ago.
Dear XXXXX, anything I can do while living in UK on "leave to remain" to apply to ILR quicker than 5 years...lets say after 33 month? Having my own property?registering my business ? Showing that we lived together for 4 years before entering the UK? Having daughter who will be adopted by my husband and become UK citizen? Pls advise
Expert:  Thomas replied 3 years ago.
Hi,

No, I'm afraid not. The rules are very strict in this regards.

Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
Last question: can I arrive to the UK as. Family visitor and apply in UK to Leave to remain? Is leave to remain has same status that spouse visa?
Expert:  Thomas replied 3 years ago.
Hi,

No, I'm afraid that is not allowed. Visitor's visa do not allow for person to switch to another visa from within the UK. Again, they are very strict about this.

Tom

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